Decided on February 20,2008

VAKIL AHMAD Respondents


RAJEEV GUPTA,J. - (1.)THIS is claimant's appeal filed under Section 173 of the Motor Vehicles Act (for short "the Act") for enhancement of the compensation awarded by the 3rd Additional Motor Accidents Claims Tribunal, Raipur (for short "the Tribunal") vide Award dated 7-8-1997 passed in Claim Case No. 63/1996.
(2.)CLAIMANT-Smt. Pramila Bai, widow of deceased Pran Dewangan claimed compensation of Rs. 11,00,000/- for the death of her husband in the motor accident on 21-4-1996 when his bicycle was dashed by the offending vehicle Truck bearing registration No. MP 23 D 7186, resulting in his instantaneous death on the spot itself. The claimant further pleaded that her husband Pran Dewangan used to earn Rs. 4000/- per month as cloth merchant.
The owner and driver of the offending vehicle truck did not contest the claim and were proceeded ex pane before the Tribunal. The insurer of the truck contested the claim and denied its liability to pay compensation to the claimant on the ground that the driver of the truck was not holding a valid driving licence and the truck was being plied in breach of the policy conditions.

(3.)THE claimant examined herself as A.W. 1 and A.W. 2 Goverdhan Das in support of her claim, whereas, the insurer of the truck did not examine any witness in rebuttal. THE Tribunal on a close scrutiny of the evidence led before, it held that the claimant's husband Pran Dewangan died on account of the injuries sustained by him in the motor accident on 21-4-1996, the accident occurred due to the rash and negligent driving of the driver of the offending vehicle-truck; and as the truck was insured on the date of accident with United India Insurance Company Ltd., the Insurance Company was liable to pay compensation to the claimant. As the evidence led by the claimant about the income of the deceased was not found reliable by the Tribunal, his income was assessed at Rs. 2000/- per month by the Tribunal on its own estimate. By deducting 50% of Rs. 2000/- towards the personal expenses of the deceased, the claimant's dependancy was assessed at Rs. 1000/- per month and Rs. 12,000/- per annum. By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 10, the compensation was worked out to Rs. 1,20,000/-. By awarding a further sum of Rs. 10,000/- under the other permissible heads, the Tribunal awarded a total sum of Rs. 1,30,000/- as compensation to the claimant for the death of her husband Pran Dewangan in the motor accident. THE Tribunal further awarded interest @ 12% per annum on the above amount of compensation of Rs. 1,30,000/- from the date of filing of the claim petition till the date of actual payment.

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